The Punjab and Haryana High Court has directed the Chandigarh Police to ensure submission of extradition dossier to Union Ministry of External Affairs (MEA), and for taking adequate measures by the Interpol Division of the CBI for locating the whereabouts of a man who has named as an accused in a rape case. The HC had been hearing a petition filed by a rape victim, who had moved the court in 2012, for registration of FIR, seeking compensation, and for rehabilitation, relief for her child. The FIR in the case had been registered in 2012 by Punjab Police at Hoshiarpur, and later the probe was handed to Chandigarh Police in 2013 on the directions of the high court. The directions of submission of extradition dossier and other action by CBI was passed by the Bench of Justice Vinod S Bhardwaj, after the Chandigarh Police counsel told the court that they are in the process of sending the dossier to the MEA for seeking extradition of the absconder, who as per their belief, at present was located in California, USA. The counsel also told that Bench, “A Red Corner Notice against the absconder is still open and has not been withdrawn. There is, however, no travel document showing subsequent movement of the absconder. Further steps for seeking extradition are required to be taken under the Mutual Legal Assistance Treaties signed between the countries through the aegis of Ministry of External Affairs.” The counsel appearing for the victim, Advocate Anil Malhotra, contended that the Chandigarh Administration may be bound by certain timelines so as to forward the dossier or to furnish any such other information as may be sought by the Ministry of External Affairs. Advocate Malhotra submitted that benefits of all such rehabilitation schemes/compensation admissible under the applicable social welfare schemes already stands disbursed to the victim and the grievance which thus sustains is only with respect to bringing the absconder to books and to ensure that justice is meted out. Earlier, during previous hearing, the HC had imposed a cost of Rs 15,000 on the office of Senior Superintendent of Police (SSP), Chandigarh, for undue lethargy by Chandigarh Police pertaining to the probe in the rape case and extradition of the accused. The HC had then also sought a fresh status report in the case. The cost had been imposed on SSP Chandigarh's office by the HC during a hearing on July 31. Further hearing the matter, Justice Bhardwaj directed that the respondent — UT Chandigarh — shall ensure submission of the extradition dossier to the Ministry of External Affairs. “In the event any clarification is sought by the Ministry of External Affairs, the same should be done expeditiously within four weeks of receipt of dossier or when such information is sought from them by the country to whom extradition request is sent," held the Bench. The Bench also directed for appropriate and adequate measures to be taken by the Interpol Division of the CBI for locating the exact whereabouts of the fugitive/absconder and regular correspondence with the country(ies) where the fugitive/absconder is suspected to be residing at present. The Bench also ordered that the passport of the fugitive/absconder, if not already cancelled/renewed, may be cancelled forthwith in accordance to the law.
